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Duke  University  Libraries 

Supplemental  re 
Conf  Pam  12mo  #771 

Dcn0rZ7Bh7"/. 


SUPPLEMENTAL  REPORT  OF  THE  SECRETARY 
OF  WAR. 


War  Department,  > 
March    17th,    1862.      J 

Sir  :  In  the  report  made  to  you  at  the  commencement  of 
the  present  session,  the  following  passage  was  contained  : 

"  Negotiations  with  the  enemy  have  recently  been  in  pro- 
gress for  the  exchange  of  prisoners.  They  are  not  yet  en- 
tirely completed,  and  to  avoid  further  delay  in  submitting 
this  report,  they  will  be  presented  in  a  separate  communi- 
cation." 

The  negotiations  have  now  been  concluded  in  a  manner 
little  to  be  expected,  and  I  present  a  narrative  of  the  action 
of  this  Department  on  the  subject. 

When  Congress  first  determined  to  use  private  armed  ves-- 
sels  for  the  public  defence,  the  President  of  the  United  States 
declared  his  purpose  to  treat  our  seamen  on  such  vessels  as 
pirates.  No  apprehension  was  entertained  of  any  attempt 
to  put  this  menace  in  execution.  The  putting  to  death  of 
prisoners  of  war  is  regarded  as  murder  by  all  civilized  na- 
tions, and  it  was  considered  certain  that  the  judgment  of 
mankind  would  suffice  to  deter  the  enemy  from  the  commis- 
sion of  such  a  crime.  When,  however,  some  of  our  fellow 
citizens  were  captured  on  privateers,  they  were  treated 
as  felons,  confined  in  the  jails  appropriated  to  criminals, 
and  one  of  them  was  capitally  convicted  for  no  other  crime 
than  fighting  at  sea  in  the  defence  of  his  country.  Lender 
these  circumstances,  the  following  order  was  issued  by  the 
Department : 

Richmond,  November  9,  1861. 
Sir  :  You  are  hereby  instructed  to  choose  by  lot  from 
among  the  prisoners  of  war  of  highest  rank,  one  who  is  to 
be  confined  in  a  cell  appropriated  to  convicted  felons,  and 
who  is  to  be  treated  in  all  respects  as  if  such  convict,  and 
to  be  held  for  execution  in  the  same  manner  as  may  be 
adopted  by  the  enemy  for  the  execution  of  the  prisoner  of 


war,  Smith,  recently  condemned  to  death  in  Philadelphia. 

You  will  also  select  thirteen  other  prisoners  of  war,  the 
highest  in  rank  of  those  captured  by  our  forces,  to  be  con- 
fined in  the  cells  reserved  for  prisoners  accused  of  infamous 
crimes,  and  av i  1 1  treat  them  as  such  so  long  ns  the  enemy 
shall  continue  so  to  treat  the  like  number  of  prisoners  of 
■war  captured  by  them  at  sea  and  now  held  for  trial  in  New 
York  as  pirates. 

As  these  measures  are  intended  to  repress  the  infamous 
attempt  now  made  by  the  enemy  to  commit  judicial  murder 
on  prisoners  of  war,  you  will  execute  them  strictly  as  the 
mode  best  calculated  to  prevent  the  commission  of  so  hein- 
ous a  crime. 

Your  obedient  servant, 

(Signed.)  J.  P.  BENJAMIN, 

Acting  Secretary  of  War. 
To  Brigadier- General  John  II  Winder,  Richmond. 

• 
This  prompt  and  necessary  measure  of  retaliation  produced 
the  desired  effect.  After  some  hesitancy,  the  enemy  released 
the  privateersmen  from  confinement  as  felons,  the  convict  was 
liberated  from  his  cell,  and  all  the  prisoners  were  placed 
professedly  on  the  same  footing  as  other  prisoners  of  war. 
At  the  same  time  the  new  Secretary  of  War  of  the  United 
States  made  to  this  Government  the  novel  proposal  that  two 
of  our  enemies  should  be  permitted  to  travel  at  pleasure 
through  our  country,  visiting  the  prisoners  of  war  held  by 
us  and  ministering  to  their  supposed  wants.  As  it  was  not 
deemed  probable  that  this  proposal  was  made  with  any  ex- 
pectation of  its  acceptance,  the  purpose  really  entertained 
by  the  enemy  was  sought  for,  and  from  certain  expressions 
contained  in  the  letter,  the  conclusion  was  reached  that  an 
exchange  of  prisoners  was  intended.  The  letter  of  the  IL 
S.  Secretary  of  War  was  accordingly  treated  as  a  proposi- 
tion for  exchange,  and  answered  as  such. 

In  this  answer  the  enemy  was  informed  that  his  proposi- 
tion was  "  cordially  welcomed"  as  being  "  in  entire  accord- 
ance with  the  views  always  entertained  by  this  Government." 
My  communication  stated  in  precise  language  the  basis  of 
the  agreement  for  the  exchange,  "  man  for  man  and  officer 
for  officer  of  equal  grade,  assimilating  the  grades  of  the 
officers  of  the  army  and  navy  in  accordance  with  established 
usage  when  necessary,  and  agreeing  upon  equitable  terms 
for   the    number   of    men    or    officers    of   inferior    grade, 


to  be  exchanged  for  any  officer  of  higher  grade,  when 
the  occasion  shall  arise  for  such  an  exchange."  Additional 
proposals  were  contained  in  the  same  letter,  and  for  a  tho- 
rough understanding  of  all  that  occurred,  I  have  the  honor 
to  annex  copies  of  the  correspondence,  as  follows  : 

A. — Letter  of  Hon.  Edwin  M.  Stanton,  Secretary  of  War 
of  the  United  States,  dated  30th  January,  1862,  addressed 
to  Messrs.  Ames  and  Fish,  with  instructions  as  to  their  pro- 
posed mission. 

B. Letter  of  4th  Feb.,  1862,  from  Major-General  Wool, 

commanding  at  Fortress  Monroe,  to  Major-General  Huger, 
commanding  at  Norfolk,  enclosing  copy  of  the  instructions 
above  mentioned,  asking  for  a  safe  conduct  for  the  two  com- 
missioners, and  tendering  reciprocal  right  of  visit  to  us. 

C. — Letter  of  6th  February,  1862,  from  the  undersigned 
Secretary  of  War,  addressed  to  Messrs.  James  A.  Seddon 
and  Charles  M.  Conrad,  Commissioners  selected  in  behalf 
of  this  Government,  giving  them  instructions  to  meet  Messrs. 
Ames  and  Fish,  and  negotiate  a  general  exchange  of  pris- 
oners, with  specific  details  of  the  basis  for  exchange.  In 
closing  this  letter  the  following  remarks  were  made: 

"  I  have  said  nothing  on  the  subject  of  our  privateers  re- 
cently treated  as  felons,  because  I  have  been  gratified  to 
find  from  the  statements  of  the  public  journals,  that  these 
captives  are  henceforth  to  be  treated  as  prisoners  of  war. 
It  is,  however,  so  extremely  unsafe  to  rely  on  newspaper 
statements,  that  it  will  be  well  for  you  to  request  an  official 
assurance  of  this  fact  from  Messrs.  Ames  and  Fish,  in  order 
that  the  prisoners  held  by  U3  as  hostages,  be  at  once  re- 
lieved from  their  exceptional  condition,  and  comprehended 
in  the  general  exchange." 

D. — Form  of  a  letter  sent  to  Gen.  Huger,  to  be  by  him 
addressed  to  Gen.  Wool,  and  which  was  dated  at  Norfolk  on 
the  9th  February,  and  forwarded  to  its   address. 

E. — The  answer  of  Gen.  Wool  to  Gen.  Huger,  dated  at 
Fort  Monroe  on  the  13th  February,  stating  that  he  alone 
"  was  clothed  with  full  powers  for  the  exchange  of  prison- 
ers;" *  *  that  he  was  "  prepared  to  arrange  for  the  restorat- 
ion of  all  the  prisoners  to  their  homes  on  fair  terms  of 
exchange,  man  for  man  and  officer  for  officer  of  equal  grade, 
assimilating  the  grade  of  officers  of  the  army  and  navy  when 
necessary,  and  agreeing  upon  equitable  terms  for  the  num- 
ber of  men  or  officers  of  inferior  grade  to  be  exchanged  for 
any  of  higher  grade  when  the  occasion  shall  arise." 


Also  "that  all  the  surplus  prisoners  on  either  side  he  dis- 
charged on  parole,  with  the  agreement  that  any  prisoners  of 
war,  taken  by  the  other  party  shall  he  returned  in  exchange 
as  fast  as  captured,  and  this  system  to  be  continued  while 
hostilities  continue." 

General  Wool  further  gave  assurance  "that  the  prisoners 
taken  on  board  of  vessels  or  otherwise  in  maritime  conflict, 
by  the  forces  of  the  United  States,  have  been  put  and  are 
now  held  only  in  military  custody,  and  on  the  same  footing 
as  other  prisoners  taken  in  arms." 

Finally,  General  Wool  declared  himself  ready  to  confer 
for  the  purposes  of  arranging  the  exchange,  either  with  Gen. 
Huger,  or  with  Messrs.  Seddon  and  Conrad,  or  any  other 
person  appearing  for  that  purpose. 

Before  proceeding  with  my  narrative,  I  beg  to  call  your 
special  attention  to  the  fact,  that  the  letter  of  instruction  to 
Messrs.  Seddon  and  Conrad,  a  copy  of  which  was  enclosed 
to  General  Wool,  contained  the  identical  propositions  just 
quoted  from  his  letter ;  that  our  proposal  to  the  enemy  was 
thus  accepted  in  the  fullest  and  most  explicit  manner ;  and 
I  place  prominently  in  view  the  further  fact,  that  at  the  time 
when  the  proposal  was  made  by  this  Government  that  all 
surplus  prisoners  held  by  either  party  should  be  delivered  up 
and  allowed  to  go  home  till  exchanged,  and  that  this  system 
should  continue  in  force  during  the  war,  the  Confederate 
States  held  in  their  possession  a  large  surplus  of  prisoners 
who  were  to  be  restored  to  the  enemy  under  this  stipulation. 

The  principles  and  terms  for  a  general  exchange  of  pris- 
oners having  been  thus  finally  agreed  on,  there  remained 
nothing  to  be  done  but  to  settle  the  details  of  the  time,  place 
and  manner  of  its  execution.  For  this  purpose  civil  com- 
missioners were  not  necessary,  a  military  officer  had  been 
properly  selected  by  the  enemy  for  executing  mere  military 
details,  and  in  accordance  with  their  exam»  le,  Brigadier- 
General  Howell  Cobb  was  selected  to  meet  General  Wool 
and  execute  the  contract: 

F. — Letter  of  instructions,  dated  18th  February,  to  Gen. 
Cobb,  suggesting  details  of  execution  deemed  fair  and  equal, 
but  adding,  "any  fair  and  equal  rule  will  be  satisfactory, 
provided  you  can  see  your  way  clear  as  regards  its  practical 
working.  I  desire  only  to  impress  on  you  the  necessity  of 
extreme  caution  in  avoiding  any  rule  or  any  arrangement 
which  could  possibly  give  rise  to  dispute  or  controversy  in 
its  practical  operation.     Let  the  arrangement  be  equal ;  and 


let  it  be  simple,  plain  and  clear.     All  else  is   left  to  your 
discretion." 

In  the  same  letter  General  Cobb  was  told  "  that  the  assur- 
ance contained  in  the  letter  of  General  Wool  that  our  priva- 
teers captured  on  the  high  seas  will  in  the  future  be  consid- 
ered in  the  same  light  as  prison  :rs  taken  in  arms  on  land, 
and  will  be  consequently  exchanged  like  other  prisoners,  is 
entirely  satisfactory,  and  you  are  requested  to  inform  Gen- 
eral Wool  that  as  soon  as  this  assurance  was  received,  or- 
ders were  issued  placing  the  officers  hitherto  held  as  hostages 
for  these  privateers  on  the  same  footing  as  all  other  prison- 
ers, and  they  will  at  once  be  sent  home  on  parole  under  the 
proposed  arrangements  for  exchange." 

General  Cobb  proceeded  on  his  mission,  andarrang3d  with 
General  Wool  all  the  details  of  the  exchange  on  the  basis  of 
the  agreement  above  stated.  Two  of  the  details  suggested 
in  the  instructions  of  this  department  to  General  Coob  were 
not  accepted  by  General  Wool.  For  one  of  the  two  he  pro- 
posed a  substitute  which  was  promptly  accepted.  For  the 
other,  admitted  by  him  to  be  worthy  of  approval,  he  offered 
no  substitute  but  asked  time  to  obtain  authority  from  his 
Government,  as  he  declared  himself  to  be  without  instruc- 
tions. This  authority  was  not  granted  to  him,  whereupon 
General  Cobb  waived  his  proposition,  thus  leaving  complete 
and  perfect  all  the  details  requisite  for  the  execution  of  the 
previous  contract. 

But  pending  these  arrangements  our  arms  had  been  un- 
fortunate ;  the  enemy  had  captured  a  number  of  prisoners 
at  Roanoke  Island  and  Fort  Donelson  ;  the  condition  of  the 
parties  was  reversed;  the  United  States  now  held  a  surplus 
of  prisoners,  and  the  execution  of  the  agreement  was  for 
the  moment  disadvantageous  to  them.  Under  these  circum- 
stances the  Government  of  the  United  States  did  not  hesi- 
tate to  violate  an  engagement  universally  considered  to  be 
one  of  peculiar  sanctity.  General  Wool,  after  writing  on  the 
13th  February,  that  he  had  "full  powers,"  and  after  ag it o- 
ing  *<  that  all  surplus  prisoners  on  either  side  be  discharged 
on  parole,  with  the  agreement  that  any  prisoners  of  war 
taken  by  the  other  party  shall  be  returned  in  exchange  as 
fast  as  captured,  and  this  system  to  be  continued  while  hos- 
tilities continue,"  was  compelled  by  his  Government  to  write, 
on  the  27th  of  the  same  month,  that  "it  is  proper  to  say^ 
that  my  powers  are  exclusively  limited  to  the  exchange  of  pris- 
oners as  presented   to   Major-General   Huger,  on   the  13th 


February,    1862  ;"    and    then   propose    certain    special   ex- 
changes of  individual  officers. 

In  the  meantime,  not  distrusting  for  a  moment  that  an  en- 
gagement of  so  sacred  a  character  would  be  executed  with 
fidelity,  the  prisoners  held  by  us   as  hostages  for  the  safety 
and  proper  treatment  of  the  privateers  were  discharged  from 
close  confinement   and  ordered   to  be   sent   home.     Colonels 
Lee,  Cogswell  and  Wood,   and   Major  Rsvere  were  sent  to 
their  own  country;   the  remaining  hostages  were  brought  on 
parole  from  distant  points  to  Richmond,  on  their  way  to  be 
delivered  up,  at  the  expense  of  this  Government,  and  their 
surrender  was  only  suspended  on  receipt  of  intelligence  from 
General  Cobb,  that  he  saw  reason  to  suspect  bad  faith  on  the 
part  of  the  enemy.     While  this  prompt  and  loyal  execution 
of  the  agreement  was  in  progress   on   the  part  of  this  gov- 
ernment, the  enemy  was  conveying  the  prisoners  captured  at 
Fort  Donelson  to  Chicago  and  other  points  most  distant  from 
their  homes,  and  was  parading  the  officers  who  fell  into  their 
power  through  the  entire  breadth  of  the  land,  from  Western 
Tennessee  to  Fort  Warren  in  Boston  Harbor,  where  they  are 
now  incarcerated  ;  and  up  to  the  present  moment  not  a  single 
officer  taken  at  Fort  Donelson,  nor  a  single  captive  privateer 
has  been  restored  to  his  home,  while  the  United  States  have 
kept  possession  of  the  hostages  given  up  in  reliance  on  their 
honor.     The  document  G,  herewith  submitted,  is  the  report 
of  General  Cobb,  containing  a  statement  of  his  proceedings 
and  copies  of  his  correspondence  with  General  Wool,  and  the 
document  II  contains  the  letter  of  General  Wool,  dated  the 
5th  of  the  current  month,   from   which  it  is  apparent  that 
the  Government  of  the  United  States  adheres  to  the  refusal 
to  perform  its  agreement 

I  make  no  comment  on  these  proceedings  further  than  to 
remark  that  it  seems  scarcely  possible  that  there  should  be 
any  further  exchange  of  prisoners  during  the  war.  We  can 
parole  no  prisoners  with  any  expectation  of  reciprocity  ;  and 
can  have  no  reliance  on  any  promises  that  may  be  made,  I 
submit,  however,  that  it  is  but  bare  justice  to  ourselves  to 
declare  discharged  such  of  our  own  citizens  as  are  now  sub- 
ject to  parole,  and  so  to  inform  the  enemy,  and  thereafter  to 
entertain  no  propositions  on  the  subject  of  exchange  of  pris- 
oners except  on  delivery  of  those  held  by  the  enemy  and 
proposed  for  exchange. 

I  am  your  obedient  servant, 

J.  P.  BENJAMIN, 
To  the  President.  Secretary  of  War, 


[Copy.]  (A) 


War  Department, 


'MENT,  ) 

January  30th,   1862.      5 
To  the  Reverend  Bishop  Ames  and  the 

Hon.  Hamilton  Fish : 

Gents  :  Persons  who  have  been  in  military  service  of  the 
United  States  as  officers  and  soldiers,  are  now  held  as  pris- 
oners in  the  city  of  Richmond,  Va.,  and  in  other  places  in 
the  South.  Some  of  them  are  sick,  some  wounded,  many 
in  a  state  of  destitution,  and  all  are  objects  of  sympathy  and 
deep  solicitude  to  this  Government.  You  have  been  ap- 
pointed to  the  humane  and  christian  duty  of  visiting  these 
prisoners,  in  the  places  where  they  arc  confined,  and  to  re- 
lieve their  necessities,  supply  their  wants,  and  provide  for 
their  comfort,  according  to  your  discretion.  You  are  also 
requested  to  make  or  procure  a  list  of  all  the  prisoners  so 
held  in  captivity,  designating  their  names,  the  time  and 
place  where  captured,  the  service  to  which  they  belonged, 
their  present  state  and  condition,  their  wants  and  necessi- 
ties, and  all  other  particulars  that  may  be  interesting  and 
proper  for  their  families  to  know,  or  useful  to  be  known  by 
this  Government  for  the  purpose  of  effecting  their  exchange 
or  release.  Your  message  being  purely  an  errand  of  mercy, 
this  Government  expects  and  desires  that  you  should  not 
seek,  obtain,  or  report  information,  or  have  communication 
on  any  subject  not  immediately  relating  to  its  humane  and 
christian  object.     To  enable  you  to  supply  immediate  relief 

to  these  prisoners,  the  sum  of  dollars  is  placed  in 

your  hands  with  authority  to  draw  at  sight  on  the  Assistant 
Treasurer  of  the  United  States,  at  New  York,  for  the  fur- 
ther sum  of dollars,  and  a  depot  of  clothing,  medi- 
cines, and  other  necessaries  to  be  supplied  upon  your  requi- 
sition for  the  use  of  the  prisoners,  is  established  at  Fortress 
Monroe.  You  will  proceed  directly  to  Fortress  Monroe 
and  communicate  with  Gen.  John  E.  Wool,  commanding 
there,  who  is  instructed  to  take  such  measures  as  may  be 
right  and  proper  to  procure  you  a  safeguard  and  passage  to 
Richmond  or  other  places,  to  enable  you  to  perform  the  du- 
ties of  your  appointment.  You  will  conform  to  such  police 
regulations  as  may  be  prescribed  for  your  visitation  and  re- 
lief of  the  prisoners,  and  may  give  assurance  that  on  like 


condition  prisoners  held  by  the  United  States  may  receive 
visitation  and  relief.  You  will  be  accompanied  by  the  pri- 
soners now  at  Fortress  Monroe,  that  have  been  heretofore 
taken  and  held  by  the  military  force  of  the  United  States. 
They  will  be  unconditionally  released  and  delivered  up.  In 
case  Gen.  Wool  shall  not  be  able  to  procure  for  you  a  sat- 
isfactory safeguard  for  your  benevolent  visitation,  you  will 
return  to  Washington  and  report  to  this  Department,  and 
if  successful,  a  full  and  speedy  report  is  requested. 
Very  respectfully, 

Your  obedient  servant, 
(Signed.)  EDWIN  M.  STANTON, 

Secretary  of  War. 
A  true  copy. 
(Signed.)  John  E.  Wool, 

Major- General  Commanding. 


[Copy.]  (B) 

Headquarters  Department  of  Va., 
Fortress  Monroe,  Va.,  Feb.  4th,  1862. 

General:  The  Reverend  Bishop  Ames  and  the  Hon. 
Hamilton  Fish  have  been  appointed  visitors  by  the  Secre- 
tary of  War  for  the  purpose  of  visiting  and  relieving  the 
prison 3rs  belonging  to  the  army  of  the  United  States,  now 
held  as  captives  at  Richmond  and  elsewhere  in  the  {South, 
and  for  other  purposes,  as  indicated  in  the  instructions  to 
the  visitors,  a  copy  of  which  is  herewith  enclosed. 

These  honorable  gentlemen  visitors  propose  to  enter  upon 
their  humane  and  merciful  mission,  if  permitted  to  do  so, 
as  soon  as  some  400  prisoners  arrive  from  Fort  Warren,  of 
which  you  have  already  received  notice,  under  such  restric- 
tions as  may  not  be  incompatible  with  the  execution  of  their 
mission.  If  the  permission  is  granted,  they  will  accom- 
pany the  prisoners  to  Norfolk,  anticipating  that  you  will 
previously  transmit  to  me  such  safeguards  as  will  secure 
their  protection  and  the  execution  of  their  merciful  and  im- 
portant functions,  with  the  assurance  that  whatever  is  grant- 
ed to  them  will  be  extended  to  any  visitors  that  you  may 
think  proper  to  send  to  the  United  States,  having  the  same 
objects  in  view. 

I  am,  very  respectfully, 

Your  obedient  servant, 

(Signed.)  JNO.  E.  WOOL, 

Major -General. 

Major-General  Ben  J.  Huger, 

Commanding  at  Norfolk,  Va. 


10 


[Copy.]  (C) 


C.   S.   A.,  War  Department 
Richmond,  Feb.   6th,   186 


62.  I 


To  Hon.  James  A.  Seddon,  and 

Hon.  Charles  M.  Conrad  : 

Gentlemen  :  I  have  received,  through  Gen.  Huger,  (to 
whom  communication  was  made  by  Gen.  Wool,  the  enemy's 
commander  at  Fortress  Monroe,)  the  enclosed  copy  of  a  let- 
ter addressed  by  the  Hon.  Edwin  M.  Stanton,  Secretary  of 
War  of  the  United  States,  to  the  Rev.  Bishop  Ames  and  the 
Hon.  Hamilton  Fish. 

From  this  letter,  you  will  perceive  that  the  Government 
of  the  United  States  has  appointed  the  two  last-named  gen- 
tlemen Commissioners,  charged  with  the  duty  of  visiting 
and  providing  for  the  comfort  of  the  prisoners  of  war  taken 
by  us  from  the  enemy,  as  well  as  of  obtaining  "  all  particu- 
lars useful  to  be  known  by  this  Government,  (the  Govern- 
ment of  the  U.  S.,)  for  the  purpose  of  effecting  their  ex- 
change or  release." 

I  cordially  welcome  this  proposition,  which,  as  you  are 
aware,  is  in  entire  accordance  with  the  views  always  enter- 
tained by  this  Government,  and  desire  to  meet  the  proposal 
of  the  Secretary  of  War  of  the  United  States  more  than 
half  way. 

I  propose  to  render  unnecessary  that  part  of  the  mission 
entrusted  by  him  to  the  commissioners  he  has  selected, 
which  relates  to  supplying  the  wants,  and  providing  for  the 
comfort  of  the  prisoners  of  war,  by  exchanging  them  all, 
man  for  man.  and  grade  for  grade,  on  equal  terms,  and  thus 
restoring  them  to  their  country  and  their  homes. 

With  this  view,  you  have  been  selected  as  Commissioners, 
to  meet  the  two  Commissioners  sent  by  the  enemy.  Having 
been  assured,  in  advance,  of  your  willingness  to  accept  this 
honorable  and  humane  mission,  I  now  communicate,  for 
your  guidance,  the  following  instructions : 

First.  You  will  proceed  to  Norfolk,  and  communicate  with 
Gen.  Benjamin  Huger,  commanding  there,  who  is  instructed 
to  take  such  measures  as  may  be  right  and  proper  to  pro- 


cure  you  a  safeguard  and  passage  to  Fortress  Monroe, 
where  Messrs.  Ames  and  Fish  are  now  awaiting  an  answer 
to  their  communication,  with  the  view  of  acceding,  at  once, 
to  the  proposition  for  exchange  and  [of]  release  of  prisoners 
of  war  on  equal  terms,  thus  sparing  those  gentlemen  the 
necessity  of  further  travel  in  the  accomplishment  of  their 
humane  purpose. 

Second.  If  it  shall  be,  for  any  reason,  unacceptable  to  the 
enemy,  that  you  should  hold  your  interview  with  Messrs. 
Ames  and  Fish  at  Fortress  Monroe,  your  communication 
with  them  may  take  place  on  board  of  a  cartel  vessel,  be- 
tween the  strongholds  of  the  two  nations,  as  is  usual  in  such 
cases  between  belligerent  powers. 

Third.  You  are  empowered  to  agree  with  Messrs.  Ames 
and  Fish,  for  a  general  exchange  of  prisoners  of  war,  on 
equal  terms,  man  for  man,  and  officer  for  officer  of  equal 
grade;  assimilating  the  grades  of  officers  of  the  Army  and 
Navy,  in   accordance  with  established   us.  e   neces- 

sary, and  agreeing  upon  equitable  terms  for  the  number  of 
men,  or  officers  of  inferior  grade,  to  be  exchanged  for  any 
officer  of  higher  grade,  when  the  occasion  shall  arise  for 
such  an  exchange. 

Fourth.  If,  upon  the  conclusion  of  such  exchange,  either 
party  shall  remain  possessed  of  prisoners  of  war  for  whom 
the  other  can  offer  no  exchange,  the  party  remaining  in 
possession  of  prisoners  shall  grant  to  the  other  the  permis- 
sion to  keep  and  maintain  a  Commissary  General  of  prison- 
ers within  the  country  where  the  prisoners  are  kept,  in  ac- 
cordance with  the  laws  of  war  and  international  usage  in 
modern  times. 

Fifth.  Or  you  may  go  even  further,  and  agree  (inasmuch 
as  it  is  believed  that  wo  possess  more  prisoners  of  war  than 
the  enemy,)  that  we  will  release  all  surplus  prisoners  on  pa- 
role, with  the  agreement  that  any  prisoners  of  war,  taken 
from  us  by  the  enemy,  shall  be  restored  to  us,  in  exchange, 
as  fast  as  captured,  and  that  this  system  shall  be  continued 
through  the  war,  so  that,  on  all  occasions,  either  party  hold- 
ing prisoners  shall  so  hold  them,  only  on  parole,  till  ex- 
changed, the  prisoners  being  allowed  to  remain  in  their  own 
country  till  the  exchange  is  effected. 

The  foregoing  instructions  will  fully  satisfy  you  that  we 
do  not  intend  to  allow  the  enemy  to  go  further  than  we  are 
ready  to  go,  in  the  honorable  effort  to  change  the  past  sys- 
tem on  which  this  war  has  been  conducted,  and  that  we  ear- 


12 

nestly  desire  to  mitigate  its  severity  to  the  utmost  extent 
compatible  "with  our  safety  and  the  maintenance  of  our 
rights. 

I  have  said  nothing  on  the  subject  of  our  privateers,  re- 
cently treated  as  felons,  because  I  have  been  gratified  to  find, 
from  the  statements  of  the  public  journals,  that  these  cap- 
tives are  henceforth  to  be  treated  as  prisoners  of  war.  It 
is,  however,  so  extremely  unsafe  to  rely  on  newspaper  state- 
ments, that  it  will  be  well  for  you  to  request  an  official  assu- 
rance of  this  fact,  from  Messrs.  Ames  and  Fish,  in  order 
that  the  prisoners  held  by  us  as  hostages  be  at  once  relieved 
from  their  exceptional  condition,  and  comprehended  in  the 
general  exchange. 

Your  obedient  servant, 
(Signed,)  J.  P.  BENJAMIN, 

Secretary  of  War. 


13 

[Copy.]  (D) 

Form  of  Letter  to  be  written  to  General  Wool. 

General:  I  have  communicated  to  my  Government  as 
announced  in  my  letter  of  4th  inst.,  your  letter  to  me  of 
that  date,  with  the  copy  of  the  instructions  of  the  Secretary 
of  War  of  the  United  States,  addressed  to  the  Rev.  Bishop 
Ames  and  the  Hon.  Hamilton  Fish. 

I  am  happy  to  inform  you  that  the  proposition  contained 
in  the  letter  of  instructions  is  cordially  welcomed,  and  that 
in  order  more  effectually  to  accomplish  the  humane  purpose 
so  justly  lauded  by  you,  the  Secretary  of  War  of  the  Con- 
federate States  has  appointed  the  Hon.  James  A.  Seddon  and 
the  Hon.  Charles  M.  Conrad,  Commissioners,  to  meet  and 
confer  with  Messrs.  Ames  and  Fish,  with  instructions,  a 
copy  of  which  is  herewith  enclosed. 

These  honorable  gentlemen,  Commissioners,  propose  to 
spare  Messrs.  Ames  and  Fish  the  necessity  of  travel  to  Rich- 
mond, and  other  places  in  the  South,  by  agreeing  at  once  to 
the  restoration  of  all  the  prisoners  to  their  homes  on  fair 
terms  of  equal  exchange,  and  with  that  view  to  confer  with 
Messrs.  Ames  and  Fish  at  Fortress  Monroe,  anticipating 
that  you  will  previously  transmit  to  me  such  safeguard  as 
will  secure  their  protection.  If  this,  however,  should  not 
be  acceptable  to  you,  I  will  accede  to  any  arrangement  you 
may  desire  for  the  meeting  of  these  four  gentlemen  on  a 
cartel  vessel,  as  is  usual  between  belligerent  powers  on  such 
occasions. 

I  am,  very  respectfully, 

Your  obedient  servant. 

To  be  signed  BENJAMIN  HUGER, 

Maj.  Gen.  Commanding. 

To  be  addressed  to 
Maj.  Gen.  Wool, 

Commanding  Fortress  Monroe. 


14 


[Copy.]  (E) 

Headquarters  Department  of  Virginia. 
Fort  Monroe,  Va.,   13th  February,   1862. 


General: 

In  reply  to  your  communication  of  the  9th 
inst.,  I  am  instructed  to  inform  you  that  no  authority  was 
conferred  on  the  Hon.  Messrs.  Ames  and  Fish  in  regard  to 
the  exchange  of  prisoners,  or  for  any  other  purpose  than 
the  simple  one  of  providing  for  the  comfort  of  prisoners  if 
allowed  to  do  so.  This  having  been  declined,  their  mission 
has  terminated. 

I  am,  however,  instructed  to  inform  you  that  I  am  alone 
clothed  with  full  powers  for  the  purpose  of  arranging  for 
the  exchange  of  prisoners.  Being  thus  empowered,  I  am 
reany  to  confer  with  you  on  the  subject,  or  the  Hon.  Messrs. 
Seddon  and  Conrad,  or  any  other  person  appearing  for  that 
purpose.  I  am  prepared  to  arrange  for  the  restoration  of 
all  the  prisoners  to  their  homes  on  fair  terms  of  exchange, 
man  for  man,  and  officer  for  officer  of  equal  grade,  assimila- 
ting the  grade  of  officers  of  the  army  and  navy  when  neces- 
sary, and  agreeing  upon  equitable  terms  for  the  number  of 
men  or  officers  of  inferior  grade,  to  be  exchang  d  for  any 
of  higher  grade  when  the  occasion  shall  arise.  That  all  the 
surplus  prisoners  on  either  side  be  discharged  on  parole, 
with  the  agreement  that  any  prisoners  of  Avar  taken  by  the 
other  party  shall  be  returned  in  exchange  as  fast  as  captured, 
and  this  system  to  be  continued  while  hostilities  continue. 

I  would  further  inform  you,  or  any  other  person  selected 
for  the  purpose  of  making  arrangements  for  the  exchange  of 
prisoners,  that  the  prisoners  taken  on  board  of  vessels,  or 
otherwise  in  maritime  conflict,  by  the  forces  of  the  United 
States,  have  been  put,  and  are  now  held  only  in  military 
custody,  and  on  the  same  footing  as  the  other  prisoners 
taken  in  arms. 

In  conclusion,  I  have  only  to  remark  that  I  am  ready,  at 
any  moment,  to  enter  upon  this  important  duty  with  no 


15 

other  view  than  a  fair  and  honorable  exchange  of  all  prison- 
ers, and  to  subserve  the  interests  of  humanity. 
I  am,  very  respectfully, 

Your  obedient  servant, 
(Signed,)  JOHN  E.  WOOL, 

Major  General. 
Major  General  B.  Huger, 

Commanding  at  Norfolk,  Va. 


Headquarters  Department  of  Norfolk,  ) 
Norfolk,  Va.,  February  28.    1862.       \ 
Official, 

(Signed,)  BENJ.  HUGER,  Jr., 

Capt.  and  A.  A.  General. 


16 


[Copy.]  (F.) 

Confederate  States  of  America, 
Richmond,  February  18,  1862. 

Sir  :  You  have  been  selected  to  perform  the  duty  of  ar- 
ranging with  General  Wool  the  details  necessary  for  carry- 
ing out  an  exchange  of  prisoners  with  the  enemy.  For  your 
full  comprehension  of  the  matters  entrusted  to  you,  I  en- 
close herewith  the  following  papers. 

1.  Copy  of  a  letter  addressed  by  me  to  Messrs.  James  A. 
Seddon  and  diaries  M.  Conrad,  under  date  of  6th  instant, 
of  which  letter  a  copy  was  forwarded  to  General  Wool, 
through  General  Huger  now  commanding  at  Norfolk. 

2.  Copy  of  the  letter  of  General  Wool  to  General  Hu- 
ger, under  date  of  the  13th  instant,  informing  the  latter 
that  General  Wool  was  alone  clothed  with  full  power  for  the 
purpose  of  arranging  for  the  exchange  of  prisoners. 

In  this  letter  you  will  perceive  that  General  Wool  accepts 
substantially,  and  almost  in  words,  the  propositions  sub- 
mitted by  me  in  the  nature  of  instructions  to  Messrs.  Sed- 
don and  Conrad,  and  declares  "  that  he  is  ready  to  confer 
with  them,  or  any  other  person,  appearing  for  that  pur- 
pose." 

As  there  remain  to  be  arranged  only  the  necessary  mili- 
tary details  for  executing  the  purpose  common  to  both  par- 
ties, it  has  not  been  deemed  necessary  to  send  Commission- 
ers, and  you  are,  as  a  Brigadier-General  in  our  service,  au- 
thorized and  instructed  to  proceed  via  Norfolk,  and  to  con- 
fer with  General  Wool  on  this  subject,  and  to  enter  into 
written  stipulations  with  him  for  carrying  out  the  proposed 
exchange,  on  the  principles  involved  in  our  proposals,  and 
the  acceptance  of  them  by  the  enemy. 

For  your  guidance  in  the  matter,  I  give  the  following 
instructions  : 

1.  That  all  prisoners  delivered  up  on  parole  by  either 
party  shall  be  so  delivered  on  the  frontier  at  the  expense  of 
the  captors,  the  prisoners  to  pay  no  part  of  the  cost  of  their 
delivery. 

2.  Each  party  to  have  the  right  of  selecting  such  of  its 
own  paroled  citizens  as  it  chooses  to  have  released,  against 
an  equal  number  of  equal  grade.  Thus,  for  example  :  If 
the  enemy  having  one  thousand  of  his  citizens  under  parole 
at  heme,  should  have  sent  to   us   only  five  hundred  of  our 


17 

citizens  released  on  parole,  the  enemy  would  have  the  right 
to  select  which  of  his  own  citizens  he  preferred  to  release 
against  the  five  hundred  sent  to  us  of  equal  grade ;  and  so, 
if  the  numbers  were  reversed,  we  would  have  the  like  right. 

3.  I  know  of  no  rule  generally  established  for  equalizing 
exchanges,  where  the  persons  are  of  unequal  grades,  or  for 
assimilating  rank  between  officers  of  the  Army  and  Navy. 
Perhaps,  as  fair  a  guide  as  any  other,  is  the  relative  pay 
allowed  by  each  service  to  its  own  officers  and  men. 

Thus,  for  example  :  In  our  service  the  pay  of  a  Lieuten- 
ant-Colonel of  Infantry  is  $  1  70  a  month ;  that  of  a  First 
Lieutenant  $90,  and  that  of  a  Second  Lieutenant  §80. 
If,  then,  we  desire  to  get  back  a  Lieutenant-Colonel,  and 
had  no  officer  of  like  grade  to  offer,  we  would,  under  the 
proposed  rule,  be  compelled  to  give  a  First  and  Second 
Lieutenant.  This  rule  is  merely  suggested.  It  would  work 
equally,  whether  a  good  rule  or  not  ;  but  any  other  fair  and 
equal  rule  would  be  acceptable.  I  furnish  you  a  table  of 
the  rates  of  pay  in  our  service  for  your  guide,  in  ease  this 
rule  should  be  accepted  by  the  enemy. 

In  giving  you  these  instructions,  it  is  by  no  means  my 
intention  to  confine  you  to  a  strict  adoption  of  them.  They 
are  an  indication  simply  of  what  seems  to  be  fair  and  equal. 
Any  fair  and  equal  rule  will  be  satisfactory,  provided  you 
can  see  your  way  clear  as  regards  its  practical  working.  I 
desire  only  to  impress  on  you  the  necessity  of  extreme  cau- 
tion in  avoiding  any  rule  or  any  arrangement  which  could 
possibly  give  rise  to  dispute  or  controversy  in  its  practical 
operation.  Let  the  arrangement  be  equal,  and  let  it  be 
simple,  plain  and  clear.      All  else  is  left  to  your  discretion. 

In  conclusion,  I  desire  to  say  that  the  assurance  con-, 
tained  in  the  letter  of  General  Wool,  that  our  privateers 
captured  on  the  high  seas,  will,  in  future,  be  considered  in 
the  same  light  as  prisoners  taken  in  arms  on  land,  and  will 
be  consequently  exchanged  like  other  prisoners,  is  en- 
tirely satisfactory,  and  you  are  requested  to  inform  General 
Wool  that  as  soon  as  this  assurance  was  received,  orders 
were  at  once  issued  placing  the  officers  hitherto  held  as  hos- 
tages for  these  privateers,  on  the  same  footing  as  all  other 
prisoners,  and  they  will  be  at  once  sent  home  on  parole,  un- 
der the  proposed  arrangements  for  exchange. 
Your  obedient  servant, 

(Signed.)  J.  P.  BENJAMIN, 

Secretary  <f  War. 

Brig.  Gen.  Howell  Cobb. 


18 

(G) 

Richmond,  March  4th,  1862. 

Hon.  J.  P.  Benjamin, 

Secretary  of  War. 

Sir:  In  compliance  with  your  letter  of  instructions  of 
the  18th  February,  I  proceeded  immediately  to  Norfolk,  to 
meet  and  confer  with  Major-General  Wool,  of  the  United 
States  Army,  on  the  subject  of  the  exchange  of  prisoners 
ol  war. 

On  the  23d  February,  I  held  my  first  interview  with  him, 
and  was  gratified  to  find  that  there  was  no  serious  difference 
of  opinion  between  us.  I  submitted  to  General  Wool  a 
memorandum  as  a  basis  for  a  cartel.  A  copy  of  that  memo- 
randum is  enclosed,  marked  A.  General  Wool  promptly 
agreed  to  all  the  propositions,  except  two.  In  lieu  of  the 
compensation  basis  of  equivalents  contained  in  the  4th  item 
of  the  memorandum,  he  proposed  the  cartel,  of  equivalents 
adopted  by  Great  Britain  and  the  United  States,  in  the  war 
of  1812,  and  I  accepted  it. 

He  also  objected  to  the  provision  in  the  5th  item,  which 
requires  each  party  to  pay  the  expense  of  transporting  their 
prisoners  to  the  frontier  of  the  country  of  the  prisoners. 
The  provision  met  his  entire  approval,  but  he  did  not  feel 
authorized,  by  his  instructions,  to  incorporate  it  into  the  pro- 
posed cartel,  and,  therefore,  desired  time  to  consult  his  Gov- 
ernment on  the  subject. 

The  interview  closed  with  the  promise  from  General  Wool, 
that  he  would  notify  me  as  soon  as  he  could  hear  from  his 
Government  on  that  point. 

On  the  27th  February,  I  received  from  him  his  letter  of 
that  date — a  copy  of  which  I  enclose,  marked  B — and  the 
next  day  endeavored  to  meet  him  again,  but  failed  to  do  so. 
Anticipating,  from  the  language  of  his  letter  of  the  27th, 
that  his  Government  had,  under  the  altered  state  of  things, 
changed  their  instructions,  I  determined  to  put  into  writing 
our  future  negotiation,  and,  with  that  view,  prepared  my  let- 
ter to  him  of  the  28th — a  copy  of  which  is  enclosed,  marked 

c. 

On  the  first  of  March,  I  held  my  second  interview  with 
him,  in  which  I  proposed  to  enter  into  a  cartel,  containing 
the  stipulations  set  forth  in  my  letter  to  him  of  the  28th  of 


19 

February.  He  informed  me  that  his  Government  would  not 
agree  to  the  proposition,  that  each  party  should  pay  the 
expense  of  transporting  their  prisoners  to  the  frontier,  and 
I  promptly  waived  it,  thus  leaving  the  cartel  free  from  all 
his  objections,  and  just  what  General  Wool  had  himself  pro- 
posed in  his  letter  of  the  13th  February,  to  General  Huger. 
He  then  informed  me  that  his  Government  had  changed  his 
instructions,  and  he  was  only  authorized  to  negotiate  for  the 
exchange  of  prisoners  to  the  extent  of  exhausting  the  num- 
ber of  the  party  holding  the  smallest  number,  and  leaving 
the  surplus  to  be  provided  for  by  future  negotiation.  I 
frankly  stated  to  him  that  I  could  not  consent  to  such  an 
arrangement. 

To  enable  him  to  place  before  his  Government  the  propo- 
sition which  I  had  submitted  to  him,  and  with  a  view  of  put- 
ting on  record  the  action  of  the  two  Governments  on  the 
subject,  I  delivered  to  General  Wool  my  letter  to  him  of 
February  28th,  to  which  I  had  received  no  reply  at  the  time 
of  leaving  Norfolk,  on  the  3d. 

The  whole  negotiation  may  be  stated  in  a  single  paragraph. 
At  the  time  it  was  believed  that  our  Government  held  the 
largest  number  of  prisoners,  the  United  States  proposed  to 
exchange  all  prisoners,  and  to  place  on  parole,  in  their  own 
country,  the  surplus  held  by  either  party ;  and  our  Govern- 
ment agreed  to  the  proposition.  Before  the  agreement  could 
be  reduced  to  writing  and  signed  by  the  parties,  the  casual- 
ties of  war  reversed  this  state  of  things,  and  gave  the  United 
States  the  largest  number  of  prisoners.  With  this  change 
of  things  the  United  States  changed  their  policy,  and  delib- 
erately abandoned  their  own  proposition. 
I  am,  very  respectfully, 

Your  obedient  servant, 

HOWELL  COBB, 
Brig.  General,  C.  S.  A. 


(A) 

1.  Prisoners  to  be  exchanged  man  for  man,  and  officer 
for  officer.  Officers  of  the  army  and  navy  to  be  assimilated 
on  a  fair  basis,  and  privateers  to  be  placed  upon  the  footing 
of  officers  and  men  of  the  navy. 

2.  The  surplus  of  prisoners  held  by  either  party  to  be  re- 


20 

turned  to  the  country  of  the  prisoners  on  their  parole  of 
lienor  not  to  take  up  arms  again,  until  exchanged  under 
the  provisions  of  this  cartel. 

3.  Each  party  upon  the  discharge  of  prisoners  of  the 
other  party,  is  authorized  to  discharge  an  equal  number  of 
their  own  officers  or  men  from  parole,  furnishing  at  the  time 
to  the  other  party  a  list  of  their  prisoners  discharged,  and 
of  their  own  officers  and  men  relieved  from  parole  ;  thus 
enabling  each  party  to  relieve  from  parole  such  of  their  own 
officers  and  men  as  the  party  may  choose.  The  lists  thus 
mutually  furnished  will  keep  both  parties  advised  of  the 
true  condition  of  the  exchange  of  prisoners. 

4.  Men  and  officers  of  a  lower  grade  as  well  as  of  a  differ- 
ent service,  may  be  exchanged  for  officers  of  a  higher  grade 
and  of  a  different  service.  To  do  this  without  embarrass- 
ment, it  is  agreed  that  the  basis  of  assimilation  shall  be  the 
compensation  allowed  by  each  party  to  their  own  officers 
and  men,  and  in  case  of  privateers  who  receive  no  fixed 
pay,  to  be  put  upon  the  compensation  basis  of  officers  and 
men  of  the  navy. 

5.  Prisoners  to  be  dischaged  or  paroled  within  ten  days 
after  their  capture,  and  to  be  delivered  on  the  frontier  of 
their  own  country  free  of  expense  to  the  prisoners,  and  at 
the  expense  of  the  capturing  party. 

6.  All  prisoners  now  held  by  each  party  to  be  immedi- 
ately discharged,  and  the  party  against  whom  the  surplus 
shall  be  found  shall  receive  such  surplus  upon  their  parole. 
Each  party  to  furnish  the  other  a  list  of  those  respectively 
discharged  by  it,  and  the  party  against  whom  the  surplus  is 
found,  is  to  furnish  a  list  of  the  prisoners  placed  on  parole 
under  this  cartel,  thus  furnishing  the  basis  for  future  ex- 
changes. 


(B) 

Headquarters  Department  of  Va.,  > 
Fort  Monroe,  Va.,  February  27th,  1862.      \ 

General  :  I  am  prepared  again  to  confer  with  you  on  the 
subject  of  the  exchange  of  prisoners  at  such  time  and  place 
as  you  may  please  to  designate.  In  the  meantime  it  is  pro- 
per to  say  that  my  powers  are  exclusively  limited  to  the  ex- 
change of  prisoners,  as  presented  to  Major-Gcneral  Huger, 
the  13th  February,  1862. 

Until  I  may  hear  from  you  on  the  subject  of  our  general 


21 

negotiation,  I  propose  for  exchange  the  following  officers 
(for  officers  of  equal  rank)  viz :  Capt.  K.  Garrard,  5th 
cavalry,  (presented  yesterday  to  Major-General  Huger,) 
Col.  W.  R.  Lee,  20th  Massachusetts;  Col.  M.  Cogswell, 
42d  New  York;  Col.  M.  A.  Wood,  14th  New  York ;  "Major 
P.  J.  Revere,  20th  Massachusetts;  Surgeon  E.  H.  R.  Re- 
vere, 20th  Massachusetts;  Captain  Henry  Bowman,  15th 
Massachusetts;  T.  J.  Kepper,  First  California;  G.  W. 
Rockwood,  15th  Massachusetts;  R.  Williams,  12th  Indiana; 
Lieuts.  C.  F.  Freeman,  1st  Virginia;  J.  E.  Green,  15th 
Massachusetts;  Wm.  C.  Harris,  1st  California ;  B.F.Han- 
cock, 19th  Indiana;  C.  B.  Hall,  1st  Virginia;  B.  B.  Vas- 
sal, 15th  Massachusetts;  G.  H.  Wallis,  42d  New  York. 
I  am,  very  respectfully, 

Your  obedient  servant, 

JNO.  E.  WOOL, 

Major- Gen  oral. 
General  Howell  Cobb, 

Norfolk,  Va. 


(C.) 

Norfolk,  Va.,  ) 

February  28th,  18G2.       5 

General  :  I  am  in  receipt  of  yours  of  the  27th  instant, 
and  shall  be  pleased  to  confer  with  you  to-day  on  the  sub- 
ject of  the  exchange  of  prisoners.  In  your  letter  you  re- 
mark, "it  is  proper  to  say  that  my  (your)  powers  arc  exclu- 
sively limited  to  the  exchange  of  prisoners,  as  presented  to 
Major-General  Huger,  the  13th  February,  1862."  By  re- 
ference to  your  letter  of  that  date  to  General  linger,  1  find 
that  you  use  the  following  language  .  "I  am,  however,  in- 
structed to  inform  you,  that  I  am  alone  clothed  with  full 
power  for  the  purpose  of  arranging  for  the  exchange  of  pris- 
oners. Being  thus  empowered,  1  am  ready  to  confer  with 
you  on  the  subject,  or  the  Honorable  Messrs.  Seddon  and 
Conrad,  or  any  other  persons  appearing  for  that  purpose.  I 
am  prepared  to  arrange  for  the  restoration  of  all  the  prison- 
ers to  their  homes  on  fair  terms  of  exchange,  man  for  man, 
and  officer  for  officer  of  equal  grade,  assimilating  the  grade 
of  officers  of  the  Army  and  Aavy,  when  necessary,  and 
agreeing  upon  equitable  terms  for  the  number  of  men  or  of- 
ficers, of  inferior  grade  to  be  exchanged  for  any  of  higher 
grade  when  the  occasion  shall  arrive.     That  all   the  surplus 


22 

prisoners  on  either  side  be  exchanged  on  parole  with  the 
agreement,  that  any  prisoners  of  Avar  taken  by  the  other 
party  shall  be  returned  in  exchange  as  fast  as  captured  and 
this  system  to  be  continued,  while  hostilities  continue. 

"I  would  further  inform  you  or  any  other  person  selected 
for  the  purpose  of  making  arrangements  for  the  exchange  of 
prisoners,  that  the  prisoners  taken  on  board  of  vessels,  or 
otherwise  in  maritime  conflict  by  the  forces  of  the  United 
States  have  been  put,  and  are  now  held  only  in  military  cus- 
tody and  on  the  same  footing,  as  other  prisoners  taken  in 
arms." 

Your  language  is  plain  and  explicit,  and  admits  but  of  one 
construction.  It  is  a  distinct  proposition  for  an  exchange 
of  all  prisoners  held  by  either  party,  including  in  terms  our 
privateers,  upon  a  fair  and  equitable  basis,  and  for  the  placing 
upon  parole  in  their  own  country,  the  surplus  held  by  cither 
party,  "and  this  system  to  be  continued  while  hostilities  con- 
tinue." 

At  the  time  this  proposition  was  received  and  accepted  by 
my  Government,  it  was  believed  that  we  held  the  largest 
number  of  prisoners.  It  is  proper,  that  I  should  also  call 
your  attention  to  the  fact  that  my  Government  immediately 
upon  the  receipt  of  your  letter,  proceeded  to  discharge  and 
forward  the  prisoners  held  by  it,  including  as  I  am  informed 
a  portion,  if  not  all  of  those  held  as  hostages  for  our  privateers. 

Not  doubting  that  your  Government  would  carry  out  in 
good  faith  the  proposition  submitted  by  yourself,  these  pris- 
oners are  being  discharged  and  forwarded  to  your  frontier, 
and  I  was  charged  with  the  simple  duty  of  reducing  to  form, 
what  had  already  been  agreed  upon  in  substance.  In  my 
interview  with  you  on  the  23d  inst.,  we  discussed  all  the  points 
involved  in  the  question  of  exchange,  and  I  was  pleased  to  find 
that  there  was  no  difference  of  opinion  between  us,  on  any 
important  point.  I  submitted  to  you  a  memorandum  I  had 
prepared  on  the  subject,  and  you  gave  your  entire  approval 
to  all  the  propositions  it  contained,  except  two;  the  one  fix- 
ing the  compensation  of  men  and  officers,  as  a  basis  of 
equivalents  for  the  exchange  of  men  and  officers  of  different 
services,  and  in  the  case  of  officers  of  different  grades.  In 
lieu  of  this,  you  submitted  the  cartel  agreed  upon  by  Great 
Britain  and  the  United  States  in  the  war  of  1812,  and  I  ac- 
cepted it. 

The  other  proposition,  upon  which  you  desired  time  to 
consult  your  Government,  provided  for  the  transfer  of  pris- 


23 

oners,  free  of  expense,  to  the  frontier  of  their  own  country. 
It  is  due  to  you,  however,  to  say  that  this  proposition,  so 
fair  and  just,  met  your  entire  approval,  and  it  was  only  be- 
cause "  you  had  no  instructions  on  the  point,"  that  you 
asked  for  further  time.  Upon  all  the  other  points  you  were 
fully  authorized  to  act,  having  received  the  sanction  of  your 
Government  for  the  propositions  contained  in  your  letter  of 
the  1 3th  instant  to  Gen.  Huger. 

With  a  view  of  carrying  out,  in  good  faith,  the  exchange 
of  prisoners,  upon  the  principles  which  have  thus  received 
the  sanction  and  approval  of  both  Governments,  I  propose 
to  enter  into  a  cartel  with  you,  which  shall  contain  the  fol- 
lowing stipulations: 

Article  \st.  It  is  hereby  agreed  and  stipulated,  that  all 
prisoners  of  war,  including  those  taken  on  private  armed 
vessels  known  as  privateers,  now  held  by  either  party,  shall 
be  at  once  discharged,  on  the  conditions  and  terms  herein- 
after set  forth. 

Article  2nd.  The  basis  of  exchange  is,  man  for  man,  and 
officer  for  officer,  men  and  officers  of  lower  grades  to  be  ex- 
changed for  officers  of  a  higher  grade,  and  men  and  officers 
of  different  services  to  be  exchanged ;  and  for  the  purpose  of 
assimilating  the  position  and  rank  of  the  men  and  officers  of 
the  same,  as  well  as  different  services,  the  following  rule  of 
equivalents  is  adopted,  to  wit : 

For  General  Commanding-in-Chief,  or  Admiral,        60  men. 
For  General,  Lieutenant-General,  or  Vice  Admiral,  40     •' 
For  Major-General,  or  Rear  Admiral,  30     " 

For  Brigadier-General,  or  Commodore,  with  broad 

pennant  and  Captain  under  him,  20     " 

For  Colonel,  or  Captain  of  a  Line-of-Battle-Ship,  15  " 
For  Lieutenant-Colonel,  or  Captain  of  Frigate,  10  " 
For  Major,  or  Commander  of   a    Sloop-of-War, 

Bomb-Ketch,  Fire-Ship  or  Packet,  8     " 

For  Captain,  or  Lieutenant  or  Master,  6     " 

For  Lieutenant,  or  Master's  Mate,  4     " 

For  Sub-Lieutenant,  or  Ensign  or  Midshipman, 
Warrant  Officers,  Masters  of  Merchant  Ves- 
sels, and  Captains  of  Private  Armed  Vessels,  3  " 
For  Non-Commissioned  Officers,  or  Lieutenants 
and  Masters  of  Private  Armed  Vessels,  Mas- 
ters of  Merchant  Vessels,  and  all  petty  officers 
of  ships  of  wan,  2  " 
For  Private  Soldiers  or  Seamen,  1     " 


u 

Article  3rd.  All  prisoners  of  war,  described  in  Article 
1st,  hereafter  taken,  to  be  discharged  within  ten  days  after 

their  capture,  and  both  the  prisoners  now  held  and  those 
hereafter  taken,  to  be  transported  to  the  frontier  of  the  line 
of  hostilities,  at  the  expense  of  the  capturing  party. 

Article  4th.  Each  party  shall  furnish  to  the  other,  within 
sixty  days,  a  full  and  complete  list  of  the  prisoners  which 
they  have  respectively  discharged,  and  the  party  against 
whom  the  surplus  shall  be  found  shall  then  furnish  to  the 
other  party  a  complete  list  of  those  placed  upon  parole,  as 
hereinafter  provided  for,  which  list  will  be  the  basis  for  fu- 
ture exchanges. 

Article  5th.  The  surplus  of  prisoners  to  be  placed  on  their 
parole  of  honor  in  their  own  country,  not  to  take  up  arms 
again  during  the  war,  until  regularly  exchanged,  as  pro- 
vided for  in  this  cartel;  and  this  rule  to  be  applied  during 
the  war,  as  the  surplus  may  from  time  to  time  be  found 
against  the  one  or  the  other  party. 

Article  tith.  Prisoners,  hereafter  taken  by  the  party 
against  whom  the  surplus  exists,  shall,  within  the  time  pre- 
scribed, be  discharged  and  delivered  on  the  frontier,  said 
party  furnishing,  at  the  time,  a  list  of  such  prisoners  to  the 
other  party ;  and  shall  also  furnish,  as  soon  thereafter  as 
practicable,  a  list  of  their  own  prisoners,  whom  they  relieve 
from  parole  in  exchange  for  the  prisoners  thus  discharged, 
and  five  days  after  such  notice  to  the  other  party,  such  pris- 
oners shall  be  relieved  from  their  parole.  Upon  the  receipt 
of  such  notice,  it  shall  be  the  duty  of  the  party  holding  the 
surplus,  to  strike  from  the  list  of  men  and  officers  on  parole 
the  names  of  those  thus  relieved,  and  when  prisoners  are 
taken  by  parties  holding  the  surplus,  they  shall  be  discharged 
and  delivered  in  the  same  manner,  and  a  similar  list  to  be 
furnished  to  the  other  party,  and  the  names  of  the  men  and 
officers  to  be  added  to  the  list  of  those  on  parole,  and  this 
system  to  be  continued  to  the  end  of  the  war. 

Article  1th.  All  prisoners  now  being  discharged  are  to  be 
considered  on  parole,  but  each  party  may  relieve  of  their 
men  and  officers,  on  such  parole,  to  the  extent  of  the  pris- 
oners discharged  by  it,  on  the  basis  herein  specified.  All 
prisoners  now  on  parole  are  included  in  this  arrangement, 
and  their  names  are  to  be  placed  upon  the  list  of  discharged 
prisoners  hereinbefore  provided  for. 

In  reference  to  that  portion  of  your  letter  in  which  you 
propose  certain  prisoners  for  exchange,  for  officers  of  equal 


25 

grade,  I  would  remark,  that,  in  the  event  a  cartel  is  adopted, 
carrying  out  in  good  faith  what  your  Government  has  pro- 
posed through  you,  and  to  which  my  Government  has  agreed, 
there  will  be  no  necessity  to  discuss  the  cases  submitted  by 
you.  In  any  event  I  have  no  authority  to  consider  the 
question  of  individual  exchanges. 

It  is  proper  that  I  should  repeat,  in  this  communication, 
what  I  stated  to  you  verbally  in  our  interview  of  the  23d 
instant,  that  the  Secretary  of  War  had  directed  me  to  say  to 
you,  that  the  assurance  contained  in  your  letter  of  the  13th 
instant  to  Gen.  linger,  that  our  privateers  captured  on  the 
high  seas  would,  in  the  future,  be  considered  in  the  same 
light  as  prisoners  taken  in  arms  on  land,  and  would,  conse- 
quently, be  exchanged  like  other  prisoners,  was  entirely 
satisfactory;  and  I  was  also  directed  by  him  to  inform  you 
that,  as  soon  as  this  assurance  was  received,  orders  were 
issued,  placing  the  officers  hitherto  held  as  hostages,  on  the 
same  footing  of  all  other  prisoners,  and  that  they  would  be 
at  once  sent  home  on  parole,  under  the  proposed  arrange- 
ment for  exchange. 

I  am,  very  respectfully, 

Your  obedient  servant, 

HOWELL  COBB, 
Brigadier- General  C.  S.  A. 

Major-General  John  E.  Wool,  U.  S.  A. 


26 


[Copy.]  (H) 

Headquarters  Department  of  Virginia,  > 
Fortress  Monroe,  March  5,  1862.       ] 

General  :  I  duly  received  your  communication  of  the 
L2 -s 1 1  l  ultimo,  by  Bag  of  truce,  on  the  1st  instant. 

In  reply,  it  is  unnecessary  to  repeat  the  proposals  as  pre- 
sented on  the  13th  of  February,  1862,  to  Major  General  B. 
Huger  for  the  exchange  of  prisoners.  They  are  substan- 
tially the  same  as  presented  on  the  3d  of  February  by  the 
Hon.  J.  P.  Benjamin  to  the  Hon.  James  A.  Seddon  and 
Hon.  Charles  M.  Conrad,  to  be  presented  to  Bishop  Ames 
and  the  Hon.  Hamilton  Fish,  as  a  basis  for  the  exchange  of 
prisoners. 

Messrs.  Ames  and  Fish,  having  no  authority  to  negotiate 
the  exchange  of  prisoners,  were  withdrawn  from  their  con- 
templated visit  to  the  prisoners  of  the  United  States  confined 
in  the  Southern  States,  and  the  authority  conferred  on  my- 
self, as  set  forth  in  mine  of  the  13th  of  February  to  Major 
General  B.  Huger. 

On  the  2.3d,  in  accordance  with  previous  notice,  you  and 
myself  met  for  the  purpose  of  arranging  a  cartel  for  the 
exchange  of  prisoners.  On  comparing  opinions,  it  did  not 
appear  that  there  was  any  essential  difference  on  any  of 
thp  questions  presented,  except  the  following  offered  by  you, 
viz  :  "  Prisoners  to  be  discharged,  or  paroled,  within  ten 
days  after  their  capture,  and  to  be  delivered  on  the  frontier 
of  their  own  country  free  of  expense  to  the  prisoners,  and 
at  the  expense  of  the  capturing  party."  Although  I  assented 
to  the  apparent  fairness  of  simply  paying  the  expenses  of 
transferring  prisoners  from  one  section  of  the  country  to 
another,  yet  I  would  have  objected  to  its  phraseology  in 
some  particulars.  I,  however,  stated  at  the  time  that  it  was 
not  embraced  in  my  instructions,  and  therefore  I  could  not 
entertain  it  without  further  directions.  I  informed  you,  as 
I  believed,  it  was  usual  to  settle  such  questions  at  the  close 
of  the  war.  I,  however,  suggested  that  we  should  arrange 
the  cartel,  as  there  appeared  but  little  or  no  difference  be- 
tween us  on  any  other  point  presented,  and  leave  the  ques- 
tion of  expense  for  transporting  of  prisoners  to  future  nego- 
tiation or  correspondence ;  to  this  you  did  not  assent,  but 
desired  that  it  should  be  incorporated  as  part  of  the  cartel. 


27 

This  I  could  not  assent  to  without  further  instructions,  and 
consequently  we  adjourned  to  meet  again  as  soon  as  they 
were  received.  I  have  no  doubt  if  you  had  not  introduced 
the  proposition  referred  to,  we  would  have  had  no  difficulty 
in  arranging  the  cartel  on  the  basis  presented  by  the  Hon. 
J.  P.  Benjamin  which  corresponded  with  my  own. 

In  regard  to  exchanges  of  prisoners,  there  has  been  on 
my  part  every  disposition  to  reciprocate  any  exchanges  that 
would  lead  to  their  amelioration  or  better  their  condition. 
And  I  have  every  reason  to  believe  that  the  Administration 
of  the  country  have  been  equally  as  anxious  to  relieve  them 
and  to  avoid  any  unnecessary  severity. 

In  relation  to  those  prisoners  taken  on  board  of  vessels, 
or  others  in  maritime  conflict,  and  some  of  whom  were  tried 
as  pirates,  have  been  transferred  from  close  confinement  to 
Fort  Lafayette,  where  they  have  light  and  air  and  room  for 
exercise  ;  these  will  undoubtedly  be  exchanged  as  stated  in 
my  letter  of  the  13th  ult.  to  Major  General  Huger. 
I  am,  General, 

Very  respectfully, 

Your  obedient  servant, 

JOHN  E.  WOOL, 

Major  General, 
Brigadier  General  H.  Cobb, 

Norfolk,  Va. 


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